RCM INFRASTRUCTURE LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner company, having been awarded a contract by the respondents for 34 construction works titled "Proven of Otm Accn Phase II at Rupa" in the state of Arunachal Pradesh at a sum of Rs. 10,98,58,900.00 under the acceptance letter dated 12.06.2013, has filed this writ petition stating grievance against the acts and omissions on the part of the respondents in not according extension of time for completion of work, in not releasing the pending bills, and in not considering its representations.

(2.) The petitioner has averred that though the aforesaid contract was awarded under the acceptance letter dated 12.06.2013 but the sites were handed over much later and the site plans were approved even later. It is averred that the petitioner started the construction work in the remote site at Rupa, which is surrounded by hilly terrain with no infrastructure and road connectivity, which made the work "cumbersome and time consuming". It is further averred that the climatic condition of the location was also quite tough and difficult and there were reduced working hours; and all these factors led to difficulties and delay in execution of the work. With these nature averments, the petitioner has alleged that the delay has been caused for the reasons beyond its control but the authorities concerned, instead of granting extension, were threatening to cancel the contract and were not even making the payment of the pending running account bills. The summation of its case by the petitioner is as under:-

(3.) The petitioner has also stated its grievance that further work is not being allowed to be executed, while stating the nature and extent of work done in the following:-